The Council of MLS recently released a set of frequently asked questions about the Clear Cooperation Policy, which has been receiving significant attention in the news.
Clear Cooperation Policy FAQs
Does the CCP prevent my client from choosing to promote their home off the MLS?
No. Homeowners can promote their homes without placing them on the MLS. In this case, the homeowner’s agent (the listing agent) can promote the home within their office. Private, off-MLS listings have remained an option for homeowners and their agents since the CCP was enacted four years ago.
Does placing my client’s home in the MLS automatically mean that it will appear on public home search websites and apps?
No. Your client has the choice to withhold their home from public display, and listing agents can ensure this using options available in their local MLS system. The listing will then only be seen by members of the MLS, and will not be available publicly.
Does Metro MLS sell information about my client’s home when it is entered into the MLS?
No. However, Metro MLS does not sell data entered into the MLS system.
Does the CCP violate the National Association of Realtors Code of Ethics?
No. In fact, the CCP is an official policy of the National Association of Realtors. Some who oppose the CCP have made this argument, which has no basis in reality, in their effort to repeal or change the policy.
Is the CCP illegal?
No. Opponents of the CCP are using the threat of litigation to advance their own agenda.
Why do some brokers and agents want to repeal or weaken the CCP?
Opponents of the CCP argue that the policy limits homeowners’ choices when selling their homes. They also say that placing a home for sale on the MLS can create “negative insights” — days on market and price reductions — that can be unfavorable to homeowners.
What happens if the CCP is repealed or significantly weakened?
It is impossible to know with certainty, but opponents have stated their intention to expand their use of private, in-house listings, or to promote listings publicly only on their own websites. This will mean that fewer listings will be readily available to buyer agents and their clients. It will reduce transparency and efficiency in our market and will concentrate transactions within a small group of large companies.
Who decides the future of the CCP?
The National Association of Realtors announced it would keep its divisive Clear Cooperation Policy while rolling out an exemption to the rule, ending months of speculation on the changes and their impact on brokerages.
The “Multiple Listing Options for Sellers” policy introduces a new category of listings called “delayed marketing exempt listings,” NAR announced. The new exemption would allow sellers to have their listing agent delay putting a listing on the Internet Data Exchange (IDX) for a set period of time that would be determined by each multiple listing service.